To: Skywatcher who wrote (6013 ) 3/17/2006 7:42:42 PM From: stockman_scott Read Replies (3) | Respond to of 36917 Bush suffers another defeat in his war on clean air and the environment. Very GOOD NEWS for all Americans that care about preserving the environment for future generations...fyi... _________________ Federal Court Unanimously Rejects Rollback of Clean Air Protections 37 minutes ago To: National Desk, Environment Reporter Contact: Jonathan Lewis, 617-624-0234 ext. 12, for the Clean Air Task Force, WASHINGTON, March 17 /U.S. Newswire/ - In a unanimous decision handed down earlier today, the U.S. Court of Appeals for the DC Circuit struck down the Bush Administration's attempt to dramatically weaken a critical component of the Clean Air Act. The ruling -- which came in a lawsuit brought by states, local governments, and a coalition of environmental groups primarily represented by the Clean Air Task Force, Earthjustice, and the Natural Resources Defense Council -- prevents industrial polluters from taking advantage of a regulatory loophole that the Environmental Protection Agency opened in late 2003. "Today's victory is another reason to wear green this St. Patrick's Day," said Jonathan Lewis, attorney for the Clean Air Task Force. "We didn't need the luck of the Irish today to protect America's air quality because we had the law on our side." The loophole at issue would have exempted 20,000 power plants, refineries, and other industrial sources of air pollution from the statutory requirement to update their pollution controls whenever they make equipment replacements that result in increased air pollution. If the exemption had been upheld, outdated facilities across the country would not have to install pollution controls when they replace equipment -- even if the upgrade increases pollution -- as long as the cost of the replacement did not exceed twenty percent of the cost of the entire unit. The court found that such an exemption clearly violated Congress's intent, as expressed in the Clean Air Act's New Source Review (NSR) provisions. Specifically, the three judge panel ruled that the equipment replacement projects fit within the statutory category of "physical changes," and therefore are subject to regulation under NSR. Air pollution from power plants and other industrial sources is responsible for asthma attacks, respiratory disease, heart attacks, and premature death suffered by hundreds of thousand of Americans every year. The NSR program is essential to controlling these dangerous emissions. If EPA fully enforced New Source Review at coal-fired power plants, at least 5,500 premature deaths and 80,000 asthma attacks would be avoided annually. The U.S. Department of Justice is currently prosecuting power plants for violating the same NSR provisions that the court today blocked EPA's attempt to gut. The Clean Air Task Force, a member of the Clear the Air coalition, represented the Alabama Environmental Council, Clean Air Council, Group Against Smog and Pollution, Michigan Environmental Council, Ohio Environmental Council, Scenic Hudson, and the Southern Alliance for Clean Energy. The Southern Alliance for Clean Energy was also represented by the Southern Environmental Law Center.